37 U.S. Code § 201 - Pay grades: assignment to; general rules

(a)For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades:

Pay grade

Army, Air Force, and Marine Corps

Navy, Coast Guard, and National Oceanic and Atmospheric Administration

Public Health Service

O–10

General

Admiral

Assistant Secretary for Health.

O–9

Lieutenant general

Vice admiral

Surgeon General.

O–8

Major general

Rear admiral

Deputy Surgeon General.

Assistant Surgeon General having rank of major general.

O–7

Brigadier general

Rear admiral (lower half)

Assistant Surgeon General having rank of brigadier general.

O–6

Colonel

Captain

Director grade.

O–5

Lieutenant colonel

Commander

Senior grade.

O–4

Major

Lieutenant commander

Full grade.

O–3

Captain

Lieutenant

Senior assistant grade.

O–2

1st lieutenant

Lieutenant (junior grade)

Assistant grade.

O–1

2d lieutenant

Ensign

Junior assistant grade.

(b)For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades:

Pay Grade:

Warrant Officer Grade:

W–5

Chief Warrant Officer, W–5.

W–4

Chief Warrant Officer, W–4.

W–3

Chief Warrant Officer, W–3.

W–2

Chief Warrant Officer, W–2.

W–1

Warrant Officer, W–1.

(c)Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4.

(d)Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5.

(e)Except as provided by subsections (c) and (d), enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section
203 of this title. However, except as provided by section
307 of this title, an enlisted member may not be placed in pay grade E–8 or E–9 until he has completed at least 8 years or 10 years, respectively, of enlisted service computed under section
205 of this title.

In subsection (a), the words “whether under temporary or permanent appointment” are omitted as surplusage. The words “the following pay grades” are substituted for the words “the various pay grades prescribed for commissioned officers by subsection (a) of this section, as follows”. The words “(other than a commissioned warrant officer)” are inserted to conform to the definition of “warrant officer” in section 101(13) of this revised title.

In subsection (b), the words “with two or less years of service computed under section
205 of this title” are substituted for the word “minimum”.

In subsections (c) and (e), the words “with two or less years of service computed under section
205 of this title” are substituted for the words “with under two cumulative years’ service” and “with under two cumulative years of service”, in sections
308 and
232(e), respectively, of existing title 37.

In subsection (e), the words “enlisted or appointed under the Army Aviation Cadet Act, as amended, or under the Naval Aviation Cadet Act of 1942, as amended” are omitted as obsolete and surplusage. Both of the cited acts were repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and replaced by various sections of title 10. Further reference is surplusage, however, since aviation cadets are not appointed or enlisted under any provision of law other than the sections of title 10 embodying the former Army Aviation Cadet Act and the Naval Aviation Cadet Act of 1942. The word “basic” is inserted for clarity, since the word “pay” as defined in section 101(21) of this revised title includes special and incentive pays. Incentive pay for aviation cadets is provided in section 301(b) of this revised title.

In subsection (f), the words “While on active duty”, in section
6915(f) of title
10 and section
758a(f) of title
14, are omitted as covered by section
204 of this title which prescribes the conditions under which members of the uniformed services are entitled to basic pay. The words “Unless he is entitled to the basic pay of a higher pay grade” are substituted for the words “or that of his grade, whichever is greater” in section
6915(f) of title
10 and section
758a(f) of title
14.

In subsection (g), the words “Except as provided by subsections (e) and (f)” are inserted to reflect those subsections relating to enlisted aviation cadets or aviation pilots.

Subsec. (c). Pub. L. 102–190, § 605, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade O–1 with two or less years of service computed under section
205 of this title.”

1983—Subsecs. (b) to (f). Pub. L. 98–94struck out subsec. (b) which related to basic pay for contract surgeons, redesignated subsecs. (c) to (f) as (b) to (e), respectively, and in subsec. (e), as so redesignated, substituted “subsections (c) and (d)” for “subsections (d) and (e)”.

1977—Subsecs. (c) to (g). Pub. L. 95–79struck out subsec. (c) which related to the monthly rate of pay of cadets and midshipmen at the service academies, and redesignated subsecs. (d) to (g) as (c) to (f), respectively.

Pub. L. 101–502, § 5(k)(3),Nov. 3, 1990, 104 Stat. 1289, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section
207 of Title
42, The Public Health and Welfare] shall take effect on the first day of the month immediately following the month in which this Act was enacted [November 1990].”

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–94effective Oct. 1, 1983, see section 932(f) ofPub. L. 98–94, set out as an Effective Date note under section
1091 of Title
10, Armed Forces.

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468(b),
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section
3508(b) of Title
20, Education.

LII has no control over and does not endorse any external Internet site that contains links to or references LII.